Common use of Specific Performance; Remedies Cumulative Clause in Contracts

Specific Performance; Remedies Cumulative. Each party agrees that (A) PFIS would incur irreparable harm if any provision herein were not performed by the Shareholder in accordance with the express terms hereof, (B) there would be no adequate remedy at law for PFIS with regard to any breach or violation of any provision herein and (C) accordingly, in addition to any other remedy to which PFIS may be entitled at law, in equity, contract or tort or otherwise, PFIS shall be entitled to (x) an injunction or injunctions to prevent any breach or threatened breach of this Agreement and (y) enforce specifically the performance of the terms and provisions herein. The Shareholder waives any (I) defense in any action, dispute, claim, proceeding, litigation or other controversy for specific performance that a remedy at law would be adequate and (II) requirement under any applicable Law to post security or a bond as a prerequisite to obtaining equitable relief. The Shareholder will not, and will direct its Representatives not to, object to PFIS seeking an injunction or the granting of any such remedies on the basis that PFIS has an adequate remedy at law. If any legal action or other proceeding relating to this Agreement or the transactions contemplated hereby or the enforcement of any provision of this Agreement is brought by any party against the other party, the prevailing party in such action or proceeding shall be entitled to recover all reasonable and documented costs, fees and expenses relating thereto (including reasonable attorneys' fees and expenses and court costs) from the other party, in addition to any other relief to which such prevailing party may be entitled.

Appears in 3 contracts

Samples: Merger Agreement (FNCB Bancorp, Inc.), Voting and Support Agreement (Denaples Louis A), Voting and Support Agreement (FNCB Bancorp, Inc.)

AutoNDA by SimpleDocs

Specific Performance; Remedies Cumulative. Each party agrees that (A) PFIS Partners would incur irreparable harm if any provision herein were not performed by the Shareholder Stockholder in accordance with the express terms hereof, (B) there would be no adequate remedy at law for PFIS Partners with regard to any breach or violation of any provision herein and (C) accordingly, in addition to any other remedy to which PFIS Partners may be entitled at law, in equity, contract or tort or otherwise, PFIS Partners shall be entitled to (x) an injunction or injunctions to prevent any breach or threatened breach of this Agreement and (y) enforce specifically the performance of the terms and provisions herein. The Shareholder Stockholder waives any (I) defense in any action, dispute, claim, proceeding, litigation or other controversy for specific performance that a remedy at law would be adequate and (II) requirement under any applicable Law to post security or a bond as a prerequisite to obtaining equitable relief. The Shareholder Stockholder will not, and will direct its Representatives not to, object to PFIS Partners seeking an injunction or the granting of any such remedies on the basis that PFIS Partners has an adequate remedy at law. If any legal action or other proceeding relating to this Agreement or the transactions contemplated hereby or the enforcement of any provision of this Agreement is brought by any party against the other party, the prevailing party in such action or proceeding shall be entitled to recover all reasonable and documented costs, fees and expenses relating thereto (including reasonable attorneys' fees and expenses and court costs) from the other party, in addition to any other relief to which such prevailing party may be entitled.

Appears in 3 contracts

Samples: Merger Agreement (LINKBANCORP, Inc.), Voting and Support Agreement (Parmer George), Voting and Support Agreement (LINKBANCORP, Inc.)

Specific Performance; Remedies Cumulative. Each party agrees that (A) PFIS LINK would incur irreparable harm if any provision herein were not performed by the Shareholder Stockholder in accordance with the express terms hereof, (B) there would be no adequate remedy at law for PFIS LINK with regard to any breach or violation of any provision herein and (C) accordingly, in addition to any other remedy to which PFIS LINK may be entitled at law, in equity, contract or tort or otherwise, PFIS LINK shall be entitled to (x) an injunction or injunctions to prevent any breach or threatened breach of this Agreement and (y) enforce specifically the performance of the terms and provisions herein. The Shareholder Stockholder waives any (I) defense in any action, dispute, claim, proceeding, litigation or other controversy for specific performance that a remedy at law would be adequate and (II) requirement under any applicable Law to post security or a bond as a prerequisite to obtaining equitable relief. The Shareholder Stockholder will not, and will direct its Representatives not to, object to PFIS LINK seeking an injunction or the granting of any such remedies on the basis that PFIS LINK has an adequate remedy at law. If any legal action or other proceeding relating to this Agreement or the transactions contemplated hereby or the enforcement of any provision of this Agreement is brought by any party against the other party, the prevailing party in such action or proceeding shall be entitled to recover all reasonable and documented costs, fees and expenses relating thereto (including reasonable attorneys' fees and expenses and court costs) from the other party, in addition to any other relief to which such prevailing party may be entitled.

Appears in 2 contracts

Samples: Merger Agreement (Partners Bancorp), Voting and Support Agreement (Partners Bancorp)

Specific Performance; Remedies Cumulative. Each party agrees that (A) PFIS Partners would incur irreparable harm if any provision herein were not performed by the Shareholder Stockholder in accordance with the express terms hereof, (B) there would be no adequate remedy at law for PFIS Partners with regard to any breach or violation of any provision herein and (C) accordingly, in addition to any other remedy to which PFIS Partners may be entitled at law, in equity, contract or tort or otherwise, PFIS Partners shall be entitled to (x) an injunction or injunctions to prevent any breach or threatened breach of this Agreement and (y) enforce specifically the performance of the terms and provisions herein. The Shareholder Stockholder waives any (I) defense in any action, dispute, claim, proceeding, litigation or other controversy for specific performance that a remedy at law would be adequate and (II) requirement under any applicable Law to post security or a bond as a prerequisite to obtaining equitable relief. The Shareholder Stockholder will not, and will direct its Representatives not to, object to PFIS Partners seeking an injunction or the granting of any such remedies on the basis that PFIS Partners has an adequate remedy at law. If any legal action or other proceeding relating to this Agreement or the transactions contemplated hereby or the enforcement of any provision of this Agreement is brought by any party against the other party, the prevailing party in such action or proceeding shall be entitled to recover all reasonable and documented costs, fees and expenses relating thereto (including reasonable attorneys' fees and expenses and court costs) from the other party, in addition to any other relief to which such prevailing party may be entitled.

Appears in 2 contracts

Samples: Merger Agreement (Partners Bancorp), Voting and Support Agreement (Partners Bancorp)

Specific Performance; Remedies Cumulative. Each party agrees that (A) PFIS FNCB would incur irreparable harm if any provision herein were not performed by the Shareholder in accordance with the express terms hereof, (B) there would be no adequate remedy at law for PFIS FNCB with regard to any breach or violation of any provision herein and (C) accordingly, in addition to any other remedy to which PFIS FNCB may be entitled at law, in equity, contract or tort or otherwise, PFIS FNCB shall be entitled to (x) an injunction or injunctions to prevent any breach or threatened breach of this Agreement and (y) enforce specifically the performance of the terms and provisions herein. The Shareholder waives any (I) defense in any action, dispute, claim, proceeding, litigation or other controversy for specific performance that a remedy at law would be adequate and (II) requirement under any applicable Law to post security or a bond as a prerequisite to obtaining equitable relief. The Shareholder will not, and will direct its Representatives not to, object to PFIS FNCB seeking an injunction or the granting of any such remedies on the basis that PFIS FNCB has an adequate remedy at law. If any legal action or other proceeding relating to this Agreement or the transactions contemplated hereby or the enforcement of any provision of this Agreement is brought by any party against the other party, the prevailing party in such action or proceeding shall be entitled to recover all reasonable and documented costs, fees and expenses relating thereto (including reasonable attorneys' fees and expenses and court costs) from the other party, in addition to any other relief to which such prevailing party may be entitled.

Appears in 2 contracts

Samples: Merger Agreement (FNCB Bancorp, Inc.), Voting and Support Agreement (FNCB Bancorp, Inc.)

AutoNDA by SimpleDocs

Specific Performance; Remedies Cumulative. Each party agrees that (A) PFIS Parent would incur irreparable harm if any provision herein were not performed by the Shareholder Stockholder in accordance with the express terms hereof, (B) there would be no adequate remedy at law for PFIS Parent with regard to any breach or violation of any provision herein and (C) accordingly, in addition to any other remedy to which PFIS Parent may be entitled at law, in equity, contract or tort or otherwise, PFIS Parent shall be entitled to (x) an injunction or injunctions to prevent any breach or threatened breach of this Agreement and (y) enforce specifically the performance of the terms and provisions herein. The Shareholder Stockholder waives any (I) defense in any action, dispute, claim, proceeding, litigation or other controversy for specific performance that a remedy at law would be adequate and (II) requirement under any applicable Law to post security or a bond as a prerequisite to obtaining equitable relief. The Shareholder Stockholder will not, and will direct its Representatives not to, object to PFIS Parent seeking an injunction or the granting of any such remedies on the basis that PFIS Parent has an adequate remedy at law. If any legal action or other proceeding relating to this Agreement or the transactions contemplated hereby or the enforcement of any provision of this Agreement is brought by any party against the other party, the prevailing party in such action or proceeding shall be entitled to recover all reasonable and documented costs, fees and expenses relating thereto (including reasonable attorneys' fees and expenses and court costs) from the other party, in addition to any other relief to which such prevailing party may be entitled.

Appears in 2 contracts

Samples: Voting and Support Agreement (Partners Bancorp), Voting and Support Agreement (Oceanfirst Financial Corp)

Specific Performance; Remedies Cumulative. Each party agrees that (A) PFIS LINK would incur irreparable harm if any provision herein were not performed by the Shareholder Stockholder in accordance with the express terms hereof, (B) there would be no adequate remedy at law for PFIS LINK with regard to any breach or violation of any provision herein and (C) accordingly, in addition to any other remedy to which PFIS LINK may be entitled at law, in equity, contract or tort or otherwise, PFIS LINK shall be entitled to (x) an injunction or injunctions to prevent any breach or threatened breach of this Agreement and (y) enforce specifically the performance of the terms and provisions herein. The Shareholder Stockholder waives any (I) defense in any action, dispute, claim, proceeding, litigation or other controversy for specific performance that a remedy at law would be adequate and (II) requirement under any applicable Law to post security or a bond as a prerequisite to obtaining equitable relief. The Shareholder Stockholder will not, and will direct its Representatives not to, object to PFIS LINK seeking an injunction or the granting of any such remedies on the basis that PFIS LINK has an adequate remedy at law. If any legal action or other proceeding relating to this Agreement or the transactions contemplated hereby or the enforcement of any provision of this Agreement is brought by any party against the other party, the prevailing party in such action or proceeding shall be entitled to recover all reasonable and documented costs, fees and expenses relating thereto (including reasonable attorneys' fees and expenses and court costs) from the other party, in addition to any other relief to which such prevailing party may be entitled.

Appears in 2 contracts

Samples: Merger Agreement (LINKBANCORP, Inc.), Voting and Support Agreement (LINKBANCORP, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!